Owner Quin He Gao allegedly served striped bass, black bass and crappie that were being caught in the Hudson, Georgeson said. He was charged May 24 with misdemeanor illegal commercialization of fish, and a violation of possession of untagged fish, which were caught without a commercial or recreational fishing license.

The owner was released on his own recognizance and is due in Coxsackie Town Court on Friday, said Georgeson. The misdemeanor charge carries a potential penalty of up to a year in jail and a $5,000 fine, while the violation has a penalty of up to 15 days in jail and a $250 fine.

Georgeson said that restaurant was cited in 2000 for selling fish from the Hudson. Kingston residents Feng Xian Lam, 47; Shui Kin Lam, 52; and Chang Xi Lin, 33, were also charged with illegal commercialization and possession of untagged fish, he said.

It was not immediately clear how long river fish had been served, said Georgeson, who could not say how DEC learned of the situation.

Because of contamination of the Hudson River by toxic PCBs, the state Health Department advises that people either avoid or limit eating fish caught in the river.

"Eating Hudson River fish can be a concern because fish can have many thousands times more PCBs than the surrounding water," according to an advisory issued by DOH.

Women of childbearing age and children under 15 should not eat fish or crabs caught in the Hudson River from the Corinth Dam to the Battery in New York City, the Health Department advises. Men and older women can eat limited amounts of fish.

For example, from the Troy Dam to the Bridge at Catskill, people are advised to eat no striped bass. However, south of Catskill, men and older women no longer of childbearing age can eat up to one striped bass meal a month.